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Validity Of Some Same-Sex Marriages In Question

The Indiana attorney general's office is warning same-sex couples who got married in a narrow window in June that their marriages may not be valid.

When U.S. District Court Judge Richard Young ruled Indiana's gay marriage ban unconstitutional in June, he didn't stay the effects of his ruling.

The 7th U.S. Circuit Court of Appeals halted the ruling two days later, but in those two days, hundreds of same sex couples across the state got marriage licenses.

In order for a marriage to be valid, it must be solemnized within 60 days.

Couples must  return marriage licenses to the county clerk within 30 days of solemnization. The clerk's office must then record the marriage.

A memo from the attorney general's office says if same-sex couples didn't follow one of those first two steps – a real possibility, given the complicated legal status surrounding those marriages during the lawsuit – couples should get new licenses to ensure their marriages are valid.

The memo also says that if couples solemnized and returned the license to the clerks in time, but the clerks didn't record it, it's likely the marriage is valid.

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